Public hearings on controversial education bill

NORTHERN CAPE residents will have the opportunity to add their voice and input to the Basic Education Laws Amendment Bill, which aims to, among others, criminalise or penalise parents who do not ensure that their children are in school, allow schools to sell alcohol outside school hours, and give the heads of government departments authority over the language policies schools should adopt.

These matters will be discussed when the portfolio committee on basic education hosts its public hearings on the amendment bill in the Northern Cape this week.

The public hearings will start in Upington, at the Toll Spellman Community Hall, on Friday and move on to the Wrenchville Civic Centre in Kuruman on Saturday. On Sunday it will be Kimberley’s turn, with the hearings to be held at the Mayibuye Multipurpose Centre in Galeshewe.

The chairperson of the portfolio committee on basic education, Bongiwe Mbinqo-gigaba, said the aim of the hearings is to give the public a fair opportunity to give input to legislation that affects them.

“The legislative sector adopted a public participation model that places public consultation at the centre of how it does its business. The committee reiterates that all public hearings are open to all interested individuals and organisations and all contributions, whether oral or written, will be considered when the committee deliberates on the bill,” Mbinqo-gigaba explained.

“The Basic Education Laws Amendment Bill proposes to amend the South African Schools Act of 1996 and the Employment of Educators Act of 1998, to align them with developments in the education landscape and ensure that systems of learning are put in place in a manner that gives effect to the right to basic education enshrined in section 29 (1) of the Constitution. This is done through amending certain definitions, clarifying certain provisions and inserting new provisions that are absent in the existing legislation.”

She said that community members will have the opportunity to give their input on a number of key issues prior to it being drafted as law.

“Some of the key amendments the bill aims to make include making Grade R the new compulsory school starting age, as opposed to Grade 1, as is currently the case; compelling the registration of home-schooled learners; and criminalising parents who do not ensure their child or children are in school, with fines or jail time up to 12 months.

“Further amendments include holding school governing bodies more accountable for disclosures of financial interests; prohibiting educators from conducting business with the state or being a director of public or private companies conducting business with the state; abolishing corporal punishment and initiation or hazing practices; allowing schools to sell alcohol outside of school hours; and giving government department heads power over language policies and the curriculum a school must adopt.”

Mbinqo-gigaba said public hearings had already held in six different provinces.

She added that they had received various feedback from the other provinces.

“Those who supported the factors raised in the amended bill welcomed its intention to curtail the continuing exclusion of children from certain schools based on language and admission policies. They also view the bill as necessary to strengthen governance in schools through the proposal for school governing bodies (SGBS) to declare their financial interests.

“Those opposed to the bill have highlighted that the centralisation of functions in heads of departments’ offices will create a cumbersome administrative process that will delay decision making. There was also concern that the bill’s intention is to take away the power of SGBS to make determinations on language and admission policy, as the SGB is closer to schools and understands the unique dynamics within the community and the school.

“There is a majority consensus rejecting the sale of alcohol within school premises.”

Mbinqo-gigaba urged Northern Cape residents to prioritise the hearings as it impacts the education legislation.

“The final bill must take into consideration the views of the people of the Northern Cape and this process provides a platform to guide Parliament when making laws. The committee conducts public hearings during the week and on weekends to afford stakeholders, organisations and individuals enough opportunity to participate. In trying to create an environment conducive for a meaningful public participation process, we decided to hold hearings at times and days where all people will get reasonable time and opportunity to participate,” Mbinqo-gigaba concluded. -